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Who owns the data? Intellectual property considerations for academic research data

Intellectual property (IP) is often complicated but is even more so as it pertains to data, as “facts” are not eligible for copyright protection under United States copyright law. The IP issues surrounding data in academic research environments are often exacerbated by the fact that data ownership has rarely been discussed in university environments prior to NSF’s data management plan requirement in 2011. Researchers retained custody over their datasets and other stakeholders – namely universities and funding agencies – rarely contested ownership. Now, as datasets are increasingly seen as valuable outputs of research alongside publications, questions of data ownership are coming to the fore. This presentation will frame the complex issues surrounding data ownership in an academic research setting and will discuss strategies for educating and advising your researchers on intellectual property issues related to research data.